Below you will find the terms of use for the website (hereinafter "Website") of vivido travel GmbH (hereinafter "Provider"). These are subdivided into 1. General terms of use for the website 2. Special terms of use for the posting of user content 3. Special terms of use for registered users For the booking of tourist services (package holidays, flights, hotels, hire cars, cruises, holiday apartments etc.), only our T&Cs apply, which you can access here.

The service provider of the website is vivido travel GmbH Woerdener Straße 5a, 33803 Steinhagen, Germany Phone: +49 5204 922 78 26 Email: service@vivido.travel Represented by the managing directors Karl B. Bock and Tobias Boese Register court: Gütersloh Local Court Register number: HRB 12854 VAT identification number pursuant to § 27a UStG: DE354386946

For non-registered users, these terms of use apply in the version current at the time of using the website. For registered users, these terms of use apply – subject to later amendment pursuant to section 2. – in the version current at the time of registration.

The provider is entitled to revise or change these terms of use at any time and without prior notice. In the case of material changes, we will inform you promptly so that you have the opportunity to review the changes before they take effect. In addition, we recommend that you read these terms of use again from time to time. Changes are not made retroactively. If you continue to use our services after we have published the changes to these terms of use or notified you of such a change, this means that you agree to the amended terms of use.

(a) The provider constantly endeavours to ensure the proper operation of the offers, but does not vouch for the uninterrupted usability or availability of the offers, assumes no warranty in this respect and is in particular not liable for technically caused delays, interruptions or outages. (b) The provider reserves the right to make changes, additions or deletions to the information provided without prior notice, and to block, change, supplement or delete the website in whole or in part, or to discontinue publication temporarily or permanently. (c) Any attempt to disrupt the correct functioning of the website is prohibited. In particular, it is prohibited to attempt to circumvent security functions, to make changes to computer systems, servers, routers or other devices connected to the internet, to gain unauthorised access to such, or to disrupt the function of these systems/devices in any way whatsoever.

The provider is responsible for its own content that can be accessed within the scope of the offer, in accordance with general laws. The limitations of liability pursuant to the following section 1.6 apply.

(a) Numerous content items available on the provider's websites originate from users of the website. This applies in particular to

• hotel and ship reviews
• hotel and ship images
• travel tips, travel tip reviews and travel tip images
• travel videos
• forum posts
• content from tourist service providers (hoteliers, tourism offices etc.)
• user profiles
• questions & answers about hotels
• organiser reviews

This content published by users is hereinafter collectively referred to as "user content". (b) It is pointed out that the publication of user content on the website does not constitute any statement or determination, evaluation or recommendation by the provider. The provider does not adopt the user content as its own. It does not vouch for this content being lawful, correct, current and/or complete. (c) The provider is neither obliged nor able to comprehensively check or monitor the lawfulness of the user content and/or to investigate circumstances that indicate an unlawful activity. (d) If the provider is notified of legal violations and/or infringements of rights, it immediately carries out the checks incumbent upon it and, if necessary, further measures. The provider reserves the right in this respect to block and/or permanently remove user content.

(a) The authenticity of user content is extremely important to the provider. The provider therefore obliges its users to submit reviews only for services that the respective users have used themselves, and carries out a multi-stage procedure to ensure the authenticity of the user content. (b) In a first step, the authenticity of user content is analysed by automated procedures after submission by the respective user and before publication on the website. (c) If, within the scope of the automated procedure under (b), a suspicion of fraud is identified, the authenticity of the user content is further checked by the provider's staff before its possible publication. Within the scope of this check, evidence is also requested from the respective users, for example about the actual use of the reviewed services, among other things. (d) Should a suspicion of fraud arise after the publication of user content, in the provider's assessment, the relevant user content is removed from the website immediately. The user content is only republished after successful completion of the check procedure and provision of the corresponding evidence.

(a) The provider assumes no warranty for the completeness, currency, correctness, lawfulness or other quality of the information provided on the website. This also applies to the newsletter. The provider offers this information merely as guidance for the user, even though it is compiled to the best of its knowledge and belief. The user must expect that this information can change at any time. Consequently, the user should contact bodies that can guarantee the accuracy, completeness and currency of the information, such as embassies or tourist information offices. This applies in particular to information on health regulations such as vaccination protection and to information on travel documents such as passports and visas. (b) Furthermore, the provider assumes no warranty that the content presented on the website is free of viruses or/and other codes/data arrangements that may have a destructive or impairing effect. The user is responsible for protecting their data processing equipment in this respect. (c) In the case of contractual or non-contractual claims, the provider is liable only for damages caused by intentional or grossly negligent conduct, as well as for damages resulting from slightly negligent breaches of such obligations that first make possible the proper performance of a contract existing with the relevant user and on the fulfilment of which the contractual partner may therefore rely (cardinal obligations). In the latter case, liability is limited to the foreseeable damage typical for the contract at the time of conclusion of the contract. The above limitations of liability do not apply in the case of injury to life, body and health, within the scope of the Product Liability Act, or in the case of the assumption of express guarantees.

(a) The content/data published on the provider's website (e.g. software, products, trademarks such as logos etc., information, reports, images, illustrations) is legally protected. The reproduction, public communication or other use or exploitation of such protected content is generally not permitted without the consent of the respective rights holder. Unless exceptions arise from the law, only personal, non-commercial use within the scope of the intended purpose of the offer is permitted. (b) If you suspect that your protective rights are being infringed on or from the websites, please notify us immediately at info@vivido.travel so that a remedy can be provided swiftly.

(a) Data protection is an important topic for the provider. Any personal data that the user provides via the provider's website is used in accordance with the applicable data protection provisions and our privacy policy. (b) In particular, our privacy policy applies, which can be accessed here. (c) The reading out, storage or passing on of personal data of other users for purposes other than the intended use of the offer is prohibited. Users shall generally treat information about other users that becomes known to them, as well as communication content, as confidential, insofar as this has not been published by the authorised person themselves.

(a) The provider grants the user (revocably at any time) the option to publish certain content on the website (cf. section 1.5.(a)), so that other users can access it. This option is generally provided free of charge; exceptions require a separate agreement. (b) The prerequisites for the publication of such content, in particular the provision and confirmation of an email address permanently assigned to the user or the need for prior registration, arise from the respective functionality of the website and can be designed and changed by the provider at any time at its own discretion. (c) The minimum age for posting user content is 16 years.

(a) The user undertakes not to post any content that:

• is untrue,
• insults, threatens, coerces, defames, glorifies violence,
• is pornographic, harmful to minors, racist, incites hatred or is otherwise of a criminal/unlawful nature,
• infringes the rights of third parties, e.g. copyright, identifier, patent, trademark or ancillary copyright rights, personality rights, data protection rights or property rights.

(b) No user may, when using the offer, send data or store data on a data medium of the provider that, by its nature or condition, size or number, is capable of impairing the functioning of the computer systems of the provider or of third parties, or of infringing their rights (e.g. viruses, Trojans, spam emails etc.). (c) Users are not permitted to present advertising to other users or third parties via the website. This also refers to the setting of corresponding links and, in particular, to advertising for chain letters, gifting circles, surveys, pyramid and snowball schemes, and for the purchase of securities. The positive presentation of tourist services or locations is not to be regarded as advertising in this sense if the special requirements for reviews (see (d) below) are complied with. (d) With regard to hotel/travel tip/ship reviews and organiser reviews (including evaluative statements in user profiles, forum posts, questions & answers about hotels, images or videos), the user undertakes in particular,

• to ensure the precise and correct assignment of their review to a hotel/travel tip/ship or other service,
• to submit a review only if they have used the service to be reviewed themselves,
• to write reviews exclusively in the German language since 01.04.2019,
• not to submit a review or post an image / video if they are an employee, owner or operator of the hotel/ship to be reviewed, or a family member of the named persons, or acts on their behalf. The same applies to employees of hotel owners, travel companies, shipping companies or other companies that are economically connected with the reviewed hotel/ship, insofar as their activity or the relevant review is in direct connection with this economic link, as well as their family members or agents; or any other person who is subject to a conflict of interest with regard to the relevant review. The assessment of whether, in an individual case, a direct connection or another conflict of interest exists is at the provider's discretion. Decisive here is the users' trust in the authenticity of the content of the website. The above provisions apply accordingly to travel tips,
• not to make false statements of fact about hotels/ships, persons present there, occurrences or other circumstances/events there,
• not to make value judgements in which personal defamation is to the fore or which are primarily intended to serve a purpose other than that of giving other prospective travellers/holidaymakers an authentic impression of a hotel/ship or another service and related circumstances,
• not to publish any content in return for payment or benefits in money's worth (not covered are incentives of low value that are in reasonable proportion to the effort of submitting the review and are granted independently of the content of a review),
• not to use any device for submitting the review that was provided by the reviewed business,
• not to post any images or videos in which persons are depicted identifiably,
• not to infringe the personality rights of other persons in posted texts through identifying representation.

(e) If a user breaches these terms of use, the provider is entitled to delete or block content without notifying the user and without stating reasons. The same applies in the event that there is sufficient suspicion of such breaches. All other rights and claims remain unaffected. (f) Users are advised to save backup copies of all content that the user publishes or makes accessible on the website on the user's own computer system, as the provider is not liable for data losses.

(a) The user grants the provider, with regard to all content posted by them, the right to store and reproduce this user content free of charge on a non-exclusive basis and to publish it at any location on the website or in other media for which it is responsible, in particular to make it publicly accessible and to reproduce it in any other way. The provider is also entitled to use the content for the purpose of advertising and PR (in all media) for its own offers and for third-party tourist offers, to sub-license the right of use to third parties, if and insofar as use of the content on third-party online platforms requires the provider to, in turn, grant third parties rights to the content;

• to use the content for the purpose of advertising and PR (in all media) for its own offers and for third-party tourist offers,
• to sub-license the right of use to third parties, if and insofar as use of the content on third-party online platforms requires the provider to, in turn, grant third parties rights to the content; and
• to sub-license the content to companies affiliated with the provider.

For this, the provider may also edit the user content while preserving any moral rights of the author (in particular shorten, crop, reformat, translate or annotate images/videos with comments/notes). (b) The user warrants that they are the holder of the necessary rights, in particular the copyrights, to the user content in order to grant the provider the rights pursuant to paragraph (a). It is the sole responsibility of the user to acquire the necessary rights for posting the user content in the provider's offer. As a rule, a user only possesses the necessary rights if they created the relevant content themselves. (c) The granting of rights under (a) applies without time limit, insofar as the user does not prove to the provider any circumstances that make further availability of the content appear unreasonable for the future (e.g. due to serious disadvantages).

The user undertakes to indemnify the provider against all third-party claims, including reasonable or statutorily determined costs of legal defence, that are based on a culpable breach of the user obligations pursuant to section 2.2 or the warranty pursuant to section 3(b). The user supports the provider in defending against such claims, in particular by providing all information necessary for the defence.

(a) The creation of a user account (registration) is possible

• for all users within the scope of the "Personal area" function
• for hoteliers, POI managers or destination representatives within the scope of the "Partner access" function

(b) For hoteliers, registration is possible within the scope of the "Partner access" function, for which you can access the terms of use here. (c) In your customer account, you can view and manage your bookings as well as content you have already submitted, such as reviews, images etc. We provide you with travel-relevant information and supplementary offers and services relating to your booking. You have the option to create a list of favourites, to watch hotels or other content relevant to you, to send and receive personal messages to and from other users, and you can manage your personal settings. If you wish, you can supplement your user profile with additional information such as your date of birth or a profile picture. (d) Users of the website who wish to register must be at least 16 years old. (e) Each user undertakes to provide correct and complete information as part of their registration and, in particular, not to infringe the rights of third parties. An infringement of the rights of third parties exists, among other things, when personal information or other data of third parties is used without their consent, e.g. the name or the email address. Multiple registration is not permitted. Registered users can have their login information changed or updated at any time. (f) Registered users are responsible for the confidential treatment of the access information granted to them or chosen by them (in particular the password) and are responsible for its use both towards the provider and towards third parties. Each registered user is obliged to notify the provider immediately in the event of the loss or unauthorised use of their access information. The provider is entitled to block access to the services on the provider's website that require registration if there is a suspicion that the password is being used by unauthorised third parties; the user is informed of this.

(a) In the event of breaches of these terms of use, the provider can delete content and information posted by the user or otherwise attributable to them. Furthermore, the provider can temporarily or permanently exclude the user from using the offer. (b) In the event of a culpable breach of these terms of use, the user is additionally liable to the provider by operation of law for compensation for all direct and indirect damages arising from this, including financial loss. All further claims are reserved.

(a) The registration can be terminated at any time without observing a notice period by deleting the account or by an email to the provider. (b) The provider is pleased about every active user, but reserves the right to terminate the registration without stating reasons with a notice period of two weeks. The right to terminate without notice for good cause remains unaffected. Good cause is deemed to exist, in particular, in the event of a breach of the user's obligations under these terms of use. (c) In the event of termination or other end of the contract, the provider is entitled, but not obliged, to block or delete user content posted by the user.